Evidence (MK) - Rel

Comprehensive vocabulary flashcards covering basic and discretionary relevance, similar occurrences, habit, and specialized public policy exclusions under the Federal Rules of Evidence.

Relevance [FRE 401]

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action.

Probative

The characteristic of evidence having any tendency to make a fact more or less probable.

Material

A fact that is of consequence in determining the action, meaning it 'matters to the case'.

Default Rule of Admission [F.R.E. 402]

The principle that relevant evidence is admitted unless it violates a specific exclusionary rule of evidence, federal law, or is excluded under FRE 403.

“wee little brick” principle

The low bar for basic relevance where evidence is admissible as long as it fits somewhere in the structure of the case, regardless of whether it goes to the ultimate issue.

Limited Admissibility [FRE 105]

A rule stating that if evidence is admissible for one purpose or party but not another, the court, upon timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

Substantive Evidence

Evidence offered to prove a substantive issue in the case, such as fingerprints on a murder weapon to prove identity.

Impeachment Evidence

Evidence used to affect the weight of evidence by attacking a witness’s credibility.

“Judicial seesaw” [FRE 403]

A term for discretionary relevance where the trial judge balances the probative value of evidence against potential dangers like unfair prejudice or confusion.

Unfair Prejudice

A danger under FRE 403 where the jury may decide a case on an emotional basis rather than the facts.

Confusion of the issues

A danger under FRE 403 where evidence creates a “side issue” that distracts from the main case.

Misleading the jury

A danger under FRE 403 where the jury may give undue weight to certain evidence.

Cumulative Evidence

Evidence that is excluded under FRE 403 because it is a needless presentation of repetitive information.

Prior Similar False Claims

Evidence that a plaintiff previously filed similar false claims, which is generally admissible to prove the present claim is likely false.

Same Bodily Injury Exception

Evidence of prior accidents involving the same body part, admissible to show the plaintiff's condition resulted from a prior injury rather than the current accident.

Substantially Similar Accidents

Prior accidents caused by the same event or condition that are admissible to prove a dangerous condition, causation, or that the defendant had notice.

Habit

A person's regular response to a specific set of circumstances, characterized by frequency of conduct and particularity of circumstances.

Character

A person's general disposition or propensity with respect to general traits; unlike habit, it is generally inadmissible to prove conduct.

“SAPPI”

An acronym for the five public policy exclusions: Subsequent remedial measures, Attempts to compromise, Payments of medical expenses, Plea bargains, and Insurance.

Subsequent Remedial Measures

Repairs or changes made after an injury that are inadmissible to prove negligence, liability, product defects, or the need for warnings.

Feasibility

A purpose for which subsequent remedial measures may be admitted if the defendant disputes that a precaution was possible.

Attempts to Compromise or Compromises

A limited exclusion where conduct or statements made during negotiations are inadmissible to prove the validity or amount of a disputed claim.

Disputed Claim Requirement

The prerequisite for the compromise exclusion, requiring that there was a claim in dispute as to either validity or amount at the time of the statements.

Payments or Offers to Pay Medical Expenses

Evidence that is inadmissible to prove liability for injuries, though it differs from compromise offers as accompanying admissions of fact are admissible.

Accompanying statements of fact (Medical Expenses)

Admissions of fact made alongside offers to pay medical expenses, which are admissible under the Federal Rules.

Plea Bargain Exclusion

A broad exclusion in criminal or civil cases against a defendant for offers to plead guilty, withdrawn guilty pleas, or statements made during plea discussions.

Nolo contendere

A 'no contest' plea which is generally inadmissible against the defendant who made it in subsequent litigation.

Insurance for Liability [FRE 411]

Evidence of a party’s insurance coverage (or lack thereof) that is inadmissible to prove negligence or whether they acted wrongfully.

Ownership or Control Disputed

A specific instance where evidence of insurance or subsequent remedial measures may be admissible if the party's authority over the property is in controversy.

Industry Custom

Evidence of how others in the same trade acted, used to show the appropriate standard of care, though it is not conclusive.

Sales of Similar Property

Evidence of transactions involving similar personal or real property around the same time period, admissible to prove value.

Rebutting Claim of Impossibility

A situation where the requirement for prior occurrences to be similar is relaxed to counter a claim that an event (like a car reaching a certain speed) is impossible.

Bias or Prejudice

A ground for which evidence of compromise/negotiations may be admitted to impeach a witness.

Direct admissions of liability

Statements made during compromise negotiations that are typically inadmissible to prove the validity of a disputed claim.

Miscellaneous proceedings

Specific legal contexts where Federal Rules do not apply, including sentencing, extradition, bail, and probation.